GENERAL CONDITIONS OF USE (REQUIRED READING)
These General Conditions regulate access to and use of the portal developed by the "ASSOCIATION OF REAL ESTATE DEVELOPERS OF THE PROVINCE OF ALICANTE" (hereinafter, PROVÍA), which is accessed through the main address www.provia.es, and all future addresses that may allow direct access to certain sections or web pages belonging to the Portal.
This portal is owned by the "ASSOCIATION OF REAL ESTATE DEVELOPERS OF THE PROVINCE OF ALICANTE". In compliance with legal obligations, data relating to this Association can be easily consulted in the general information file accessible from the main page of this portal.
Users must read these General Terms and Conditions of Use of this Portal, which are contractual in nature.
Use of or access to this Portal implies knowledge and full acceptance of these General Terms and Conditions and any others that PROVÍA may establish at any time. Consequently, it is the responsibility of every visitor or user to carefully read the General Conditions of Use in force each time they access this Portal.
Likewise, the use of certain services available to users of this Portal may be subject to Specific Conditions, warnings, or instructions, which must also be reviewed and accepted without reservation.
Through this Website, users are provided with access to and use of various services and content made available by PROVÍA or by third parties at its request.
The Website is not of a commercial nature, and the services provided are not of a commercial, business, or economic nature.
The purpose of this Site is to serve as a portal for the provision of services of an eminently informative nature, both for the general user and for the members of the Association.
4.1 Free Access
Use of the PROVÍA Website is free of charge. If applicable, the user will be duly informed of the existence of services on this Portal whose use is subject to payment of a fee.
4.2 User Registration
Generally, access to and use of the main area of the portal does not require prior registration or registration of users, who may access it and its contents freely.
In any case, the www.provia.es portal also includes a restricted area, access to which and its use are subject to user registration in PROVÍA's databases. In these cases, the user agrees to use their access keys (username and password) in accordance with the following restrictions:
- The password, chosen by the user, may not be contrary to morality and generally accepted good practices, nor may it infringe the rights to honor and self-image of third parties, nor in any way infringe the industrial or intellectual property rights of third parties.
- The access keys are for the exclusive use of the user who owns them, and their safekeeping and correct use are their sole responsibility. PROVÍA will not be liable for any damages that the user or third parties may incur as a result of others using their password, with or without the user's consent or knowledge.
- PROVÍA undertakes to comply with the obligation of secrecy regarding the password used by the user.
4.3 Veracity of User Information
The user guarantees the veracity and authenticity of the information and data provided by completing the applications and subscription forms that may be required to access certain services. In this regard, the user is obligated to keep their information up-to-date so that it corresponds to reality at all times. Any false or inaccurate statements arising from the information and data provided, as well as any damages such information may cause, will be the user's responsibility.
PROVÍA will process said data automatically as appropriate, based on its nature or purpose, under the conditions and terms indicated in the personal data protection policy section.
4.4 Obligation to Use Services and Content Correctly
4.4.1 The user assumes the obligation to make correct use of the services and content that comprise this Portal in accordance with the current General Conditions, the law, generally accepted morality and good practices, as well as public order.
4.4.2 Users may only use its contents and services for their own personal use or that of their company. Consequently, they shall refrain from performing any act that, directly or indirectly, entails commercial exploitation of the same.
4.4.3 In any case, users shall use the content and services provided by PROVÍA in accordance with current legislation, and shall assume the corresponding responsibilities for any conduct or activities that, in any way, may be unlawful or harmful to the rights of third parties or that may harm, impede, or limit the use of this Website by PROVÍA or other users.
4.4.4 In particular, and by way of example only and not exhaustive, users undertake not to transmit or distribute through this Website messages, images, photographs, software, data, or content that "in any way contravene or violate fundamental rights recognized by law." legal;.
” induce, incite or promote criminal, derogatory, defamatory, infamous, violent, discriminatory actions based on sex, race, religion or ideology, or, in general, are contrary to the law, morality or public order;
” are false, ambiguous, inaccurate, exaggerated, obscene or untimely;
” are protected by any intellectual or industrial property rights belonging to third parties, except with the prior and sufficient authorization of their legitimate owner;
” injure or may injure the right to honor, personal privacy, the image of third parties or violate regulations on the secrecy or confidentiality of communications;
” constitute illicit, misleading, or unfair advertising;
contain viruses, Trojan horses, or any other material or program that may damage or alter the operation of computer equipment or systems.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
4.1 Industrial Property
The distinctive signs (graphic and word marks) that appear on this Portal, including the graphic and word mark "PROVÍA", are the exclusive property of PROVÍA. Consequently, its use in commercial transactions by third parties without the proper authorization is prohibited.
In any case, it should be noted that PROVIA associate members may use the "provía" trademark in accordance with the provisions of the file http://www.provia.es/uso_logo.php
Any presence on this Site of distinctive signs owned by others than those mentioned in the preceding paragraph is done so with the authorization of their legitimate owners, always with due respect for their exclusive rights.
4.2 Domain Names
In the same sense as referred to in the preceding section, the domain name www.provia.es and all those used to directly or indirectly access this Site are owned by PROVÍA. Improper use of these materials in the course of business would constitute a violation of the rights conferred by their registration and will be prosecuted by the means provided by law.
4.3 Copyright
4.3.1 The content, text, photographs, designs, logos, images, sounds, videos, animations, recordings, computer programs, source codes, and, in general, any intellectual creation existing on this Portal, as well as the Site itself as a multimedia artistic work, are protected as copyright by current intellectual property legislation.
4.3.2 In accordance with the foregoing, PROVÍA holds the exclusive rights of reproduction, distribution, public communication, and transformation, as well as any other property rights, over the elements indicated in the preceding paragraph; all of this without prejudice to the moral rights that may correspond to their authors.
4.3.3. Files or computer programs not owned by PROVÍA and freely available (freeware) that the user may find and download from various pages of this Portal in order to enable access to them and the services offered are exempt from copyright protection. These applications are, in any case, public domain by express will of their authors.
4.4 Personal use
The user is expressly authorized by PROVÍA to view, print, copy, or store on their hard drive or other physical medium the protected intellectual creations and any other content or asset, whether or not protected by an exclusive right, provided that this is done for the user's personal purposes, without commercial or distribution purposes, and without modifying, altering, or decompiling the aforementioned content. This right of personal use is understood to be recognized as long as the copyright and industrial property warnings set forth herein are respected intact, and does not imply the granting of any license to the user.
Furthermore, the user is expressly authorized to download computer programs owned by PROVÍA from this Website, provided that this is done for the purpose of enabling access to the services offered on this Portal and for purposes other than commercial or distribution purposes, and without modifying, altering, or decompiling the contents, or translating the original object code version or its language into another code or language.
Any other use of the intellectual creations or contents of this Site will require the express written authorization of PROVÍA.
4.5 Reservation of Shares
The use of the contents or services of this Website does not imply or imply the granting of any license or authorization to use any kind of intellectual or industrial property rights or rights. over any other right.
The user of this Website agrees to respect the rights set forth and to avoid any action that could harm them. PROVÍA reserves the right to exercise any legal means and actions it may have in defense of its legitimate intellectual and industrial property rights.
5. LINKS
5.1 Links to websites independent of this Website
5.1.1 On the PROVÍA Website, the user may find various links that will lead them to websites independent of this one. Their sole purpose is to facilitate access to other sources of information on the Internet related to the services offered or of a general nature. Their inclusion on this Website is inspired by respect for the intellectual and industrial property rights that, where applicable, may correspond to their authors and legitimate owners.
5.1.2 PROVÍA is not responsible for the content accessed through the aforementioned links, nor for any modifications made to them, nor for their use, nor for their technical availability.
However, PROVÍA undertakes to do everything possible to prevent the existence on its Website of links to sites with illegal content, which promote illegal racist or xenophobic activities, and, in general, which may violate the principles of freedom and human dignity or violate the values and rights recognized by the Spanish Constitution and the Universal Declaration of Human Rights. If PROVÍA becomes aware that the information linked to is illegal, it undertakes to act with due diligence to remove or disable said link.
5.2 Conditions for Linking to this Website
Persons or entities that intend to create or create a link from a web page of another Internet portal to any of the pages of the PROVÍA Website must comply with the following conditions:
"The establishment of a link must be notified to PROVÍA by sending an appropriate email to provia@provia.es.
" Any link to the PROVÍA website must be made to its home page and may only be formed by the name “PROVÍA” or “ASSOCIATION OF REAL ESTATE DEVELOPERS OF THE PROVINCE OF ALICANTE” or its logo.
” No “frames”, “deep-links”, or image links may be established with the pages of the PROVÍA Site without the prior express authorization of PROVÍA itself.
” No false, inaccurate, or incorrect statements will be included regarding the pages of the PROVÍA website or its services or content.
The establishment of the link does not imply the existence of a relationship between PROVÍA and the owner of the website or portal from which it is made, nor does it imply PROVÍA's knowledge and acceptance of the services and content offered on said portal.
The establishment of links without respecting the aforementioned conditions may constitute a violation of the intellectual and/or industrial property rights owned by PROVÍA, protected under the terms set forth in paragraph 5 of these General Conditions.
6. PARTICIPATION IN CHATS, DISCUSSION FORUMS, OR BOARDS ANNOUNCEMENT.
PROVÍA is not responsible for the statements or opinions that may be expressed in the various permanent forums or in the chats or discussions that take place within this Portal, but will at all times ensure the correct use of these mechanisms or services, and will ensure the utmost respect for the dignity of individuals and the freedom of expression protected by the Spanish Constitution, reserving in all cases the right to deny or eliminate interventions with illegal content or content that it considers inconvenient without any justification or explanation, as soon as it becomes aware of them.
Users of these services will avoid any type of false, abusive, obscene, threatening statement or any statement that in any way violates current legislation, and will show respectful treatment towards third parties, whether or not participating in the forums or discussions.
7. COOKIES
PROVIA informs users that, unless otherwise stated, no cookies are installed on its website, with the exception of the one in the "MEMBER AREA," which is intended to assist users/members in their navigation and streamline the use of the services contained on this website.
Cookies are small information files generated through instructions sent by web servers to browser programs and stored in a specific directory on the user's computer. Cookies themselves cannot personally identify the user, although they may contain the user's IP address.
Their use is based on PROVIA's interest in facilitating user navigation. Cookies are deleted and deactivated at the end of the session, so they disappear completely once the user closes their access session.
Most browsers automatically accept the use of cookies. However, the user has the option to prevent access to their computer by selecting the appropriate option in their browser.
8. DISCLAIMER
8.1 Content:
8.1.1 Information: The information, both its own and that of third parties, appearing on this Website is provided "as is," without any guarantee of accuracy or up-to-dateness. Consequently, PROVIA is not liable for any damages that may arise from the use of such information.
PROVIA undertakes to do everything possible to prevent the presence of illegal content on its Website and, if it becomes aware of such content, to remove it or prevent access to it. However, the legality of the content provided based on information provided by third-party providers, collaborators, or users is not guaranteed.
8.1.2 Errors: In relation to the above, published documents may contain unintentional technical inconsistencies or typographical errors, for which PROVIA is not responsible. In any case, the owner of this Portal apologizes for these errors, undertakes to correct these irregularities as soon as possible, and welcomes any comments, corrections, or suggestions in this regard, which the user may send to provia@provia.es.
8.1.3 Minors: PROVIA is not responsible for any potential harm that may be caused by the use of the services by minors.
8.2 For the operation of the Portal:
8.2.1 Privacy: PROVIA does not guarantee absolute privacy in the use of this Portal, since the possibility that unauthorized third parties may have knowledge of the use and the circumstances under which it is carried out cannot be ruled out.
8.2.2 Viruses: PROVIA does not accept any responsibility for possible damage caused by computer viruses, the absence of which is not guaranteed.
8.2.3 Technical malfunctions: PROVIA is exempt from any liability arising from the malfunction of the Portal or any of its services due to an accidental circumstance, force majeure, necessary maintenance work, or any other cause not attributable to it.
8.3 For the services offered:
8.3.1. In general, the services offered are for informational purposes only, and PROVIA cannot be held liable for their use, content, or veracity.
8.3.1 Frequently Asked Legal Questions. PROVIA assumes no liability arising from the use of the information related to legal questions, nor for its completeness, accuracy, up-to-dateness, or suitability for the specific case.
8.3.2 Mortgage Loan Simulator. PROVIA cannot assume any responsibility for the operation of the mortgage loan simulator or its results, which will in no way be binding on PROVIA, its associated companies, or collaborating entities.
9. TERMINATION AND MODIFICATION
Although, in principle, the duration of this Portal is indefinite, PROVIA reserves the right to modify, suspend, or terminate the provision of its services or content, in whole or in part, at any time and without prior notice to its users.
Likewise, the information, presentation, and services offered by this Site may be subject to periodic or ad hoc changes, which PROVIA may freely make without obligation to notify users.
10. APPLICABLE LAW AND JURISDICTION
These General Conditions of Use are governed by Spanish law.
Any dispute relating to the PROVIA Website will be settled before the Spanish courts. The parties hereby submit to the jurisdiction of the Courts and Tribunals of the City of Alicante and their superior courts, expressly waiving any other rights they may have and which differ from those set forth above.
www.provia.es may be publicly displayed as a "Social Network." This means that users' personal data (name, surname, photo/avatar, nickname, comments, etc.) may be publicly published on the Website. This is the user's decision, as they may always choose to publish their comments anonymously. If the user decides to publish their comments and personal information, they should be aware that these may be used, without the consent, permission, or authorization of the owners of this website, for the unsolicited sending of commercial or other information. In these cases, we advise users to exercise their data protection rights against entities that engage in these illegal practices.
This website is intended for legally competent individuals over the age of 18. If the user is under 18, they may not use the services of this website. At the same time, the owners of this website will make every effort to eliminate all profiles of persons under 18 years of age, as well as to address any user's questions regarding this website's Privacy Policy.